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HomeMy WebLinkAbout90-0328 Donohue qp-d3a8 RESOLUTION ACCEPTING THE PROPOSAL OF DONOHUE & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR AN INTERCEPTOR SEWER MASTER PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Donohue & Associates, Inc. for engineering services for an interceptor sewer master plan, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 28, I990 Adopted: March 28 , 1990 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk E1rin cum-0-n Agenda Item No . March 26 , 1990 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice , City Manager SUBJECT: Sanitary Sewer Interceptor Route Study Proposed Contract with Donohue and Associates PURPOSE: This memorandum will provide the Mayor and Council with information to consider the award of a contract for the subject route study. BACKGROUND: The Safety Kleen development west of Randall Road requires sanitary service. The plan now under consideration would require a large capital outlay and would include parallel sewers and the extension of a new line through a portion of Valley Creek. A study should be completed that would show if another route, which could be more cost effective, might be feasible. Donohue and Associates recently completed a contract for S .D.E. which involved a master plan concerning existing and proposed interceptor sewers . That plan did not include any service for the area west of Safety Kleen or west of the City' s present corporate limits. In order to serve any new development to the west it is necessary that a route study and further capacity analysis be completed. Donohue and Associates has been working with this master plan and are intimately aware of the requirements of S.D.E. The City staff is comfortable working with the firm in this regard. FINANCIAL IMPACT: Donohue and Associates has supplied the City with a proposal that would completely study the area to the west of the City and include route studies for possible new interceptor sewers . The proposal includes two separate items , A. and B. , which are the necessary revisions to the master plan and route studies , respectively. The cost for item A. is a not to exceed figure of $28 ,000 . 00 . The cost of item B. would be a not to exceed cost of $16 , 000 . 00 . • Interceptor Sewer Route Study March 27, 1990 Page 2 RECOMMENDATION: It is recommended that the City Council authorize the staff to enter into a contract with Donohue and Associates for item B. , Route Studies , for the not to exceed cost of $16 , 000 . 00 and also authorize the funds necessary to complete a portion of the master plan necessary to determine the size for the new interceptor for a cost not to exceed $5 , 000 . 00 . A copy of the proposed con- tract is attached for your consideration. y L. Ri e, City Manager Attachment March 23, 1990 Detailed construction costs will be provided for those inter- ceptors in which route studies were completed. It is our under- standing that the report should provide the City with a basis t`o respond to inquiries from tributary communities and potential City of Elgin land developers regarding the possibilities of sanitary sewer 150 Dexter Court service to unsewered areas within the study limits of this Elgin, IL 60120 report. Attn: Mr. Mel Dahl SCOPE OF SERVICES Director of Public Works o • _ r�,:�,��-��� • enciNrcaN Item A. Master Plan e cuin,ri Re: Proposal for Engineering Services for an eeaurecrs %,11.11s rs Interceptor Sewer Master Plan ,n.ri.i, 1. Meet with the City's Engineering and Planning Departments to establish study area limits and define land use of study area, generally described as Randall Road west to Route 47 Dear Mr. Dahl: from Binnie Road on the north to Hopps, Bowes/Plato Roads on the south. Service areas, land use, population densities We are pleased to submit this proposal for engineering services and infiltration/inflow for areas east of Randall Road will to complete the Interceptor Sewer Master Plan study as you be taken from the existing Sanitary District Interceptor requested at the meeting with the Sanitary District of Elgin and Master Plan. Donohue i Associates, Inc. on March 1, 1990. We understand this master plan will be a supplement to the existing Interceptor 2. Divide the study area into service areas based on logical Master Plan completed by Donohue for the Sanitary District of topographic limits for analysis that will service the Elgin dated April, 1989. greatest amount of area by gravity and minimize the use of pumping stations. The supplemental master plan is intended to define and analyze the expanded service area and recommend interceptor sewer 3. Determine the ultimate full development peak wastewater flow improvements to serve the general area west of Randall Road to for each service area based on land use information provided Route 47 with limits on the north of Binnie Road and on the south . by the City. Population densities and the methods of calcu- of Hopps, Bowes/Plato Road. We understand the exact limits of lation in the existing Interceptor Master Plan dated April, the study in this area will be determined by natural topographic 1989 will be used to calculate wastewater flows. and geographic features so that the City can maximize the amount of area served by gravity sewer. 4. Determine sizing and general routing for proposed intercep- tors, and force main improvements. Determine hydraulic load In preparation of this master plan supplement we will use data only on proposed pump stations. Routing will be presented from the existing Interceptor Master Plan prepared for the on a general location map. Sanitary District of Elgin and data supplied by City staff. We will analyze and present this data with the same methods as used 5. Review sizing of interceptor improvements recommended in the in the District's Master Plan. It is essential that this work be Sanitary District Interceptor Master Plan, for interceptors expedited in order to avoid delays in interceptor sewer projects west of the Fox River to include flows from west of Randall already under way in the west Elgin service area. Road. In the master plan we will provide approximate location and size 6.a. Prepare a letter report as soon as information is available of all future interceptors to serve the defined study area. to finalize sizing of the Tyler Creek/Sleepy Hollow Route studies will be completed on interceptors as defined in the Interceptor currently under design by Donohue. This letter scope of services. The report will also give the City estimated report will be submitted in advance of the full master plan construction costs for the proposed interceptor improvements. report in order to expedite construction coordination with the Big Timber Road reconstruction project. The sizing of Mr. Mel Dahl March 23, 1990 Page 2 •1501 NFxx fiel l R,x„l Sude 2(X).1:iut S�iuu„rJ>u,x.llli,e,.,60/73 708.605.88(X) 71/,,i,7%605.89/4 this line will also require a preliminary decision on rout- agencies, easement requirements and other pertinent issues ing of the North Branch Tyler Creek Interceptor. Therefore, of each route. Environmental analysis is limited to a this letter report will evaluate routing alternatives. review of record information concerning floodways and wetlands. b. Prepare a master plan report that will serve as a supplement to the existing Sanitary District Interceptor Master Plan. 4. Meet with the City to discuss alternatives and recommended The report will include a discussion of methods of analysis, route and; obtain comments. Incorporate comments into sources of information, and recommend interceptor improve- report. ments. Preliminary construction cost estimates will be . . ." provided for each recommended improvement. 5. Submit ten (10) copies of final report as a part of the ENGINE,KS master plan report. 7. Submit the preliminary report to the City and Sanitary ARCHITFTS District for review and comment. Meet with both parties to s„ull,i. RESPONSIBILITIES OF THE CITY OF ELGIN discuss the comments and incorporate comments in the final report. The scope of services and compensation are based on the under- standing that the City will provide the following at no cost to 8. Submit ten (10) copies of the final report to the City. The Donohue: final report will be a comb bound document. All exhibits will be either 8i x 11 or 11 x 17 black and white documents 1. A person authorized to act as the City's representative to bound in the report. accept completed work and to provide appropriate liaisons with City Departments and other agencies or communities. Item B. Route Studies 2. Land use data to be used in analysis of the study area, and This item includes a route study for recommended improvements all other information pertinent to the work. It is impor- except the South Branch Tyler Creek Interceptor and Bowes Road tant that all information be provided in a timely manner to Interceptor that have route studies under contract by the avoid delays in active projects. Sanitary District of Elgin. At this time, our scope of services includes a route study for the North Branch of the Tyler Creek 3. Assistance in obtaining access to private property as neces- and an extension north to the Tollway near Randall Road. nary for the work. 1. Based on existing aerial photographic maps, other record 4. Contact with any other unit of government or participating utility information, field confirmation, and City's input, communities to be served by the interceptors in the report. develop a maximum of three (3) alternative routes. COMPENSATION Field confirmation will consist of performing survey work to determine elevation differentials and identify significant Donohue proposes to be compensated on a per diem basis for the high and low points defined during route analysis. actual number of hours expended for the project in accordance with standard hourly chargeout rates of Donohue in effect at the 2. Identify owners of private property to be impacted by the time the services are performed. In addition, all direct recommended interceptor route. Preparation of easement expenses incidental to the work, such as mileage, reproduction, documents and negotiations will be the responsibility of the and meals, shall be paid to Donohue. The billing will summarize City. the charges incurred. Compensation for engineering services as provided in the scope of services are as follows: 3. Prepare a route study report as part of the master plan report that presents route alternatives with detailed con- Item A - $28,000.00 not to exceed. struction cost estimates and a recommended route for the Item B - $16,000.00 not to exceed. City's review and approval. The route study will discuss construction concerns, conflicts, identify other affected Mr. Mel Dahl Mr. Mel Dahl March 23, 1990 March 23, 1990 Page 3 Page 4 Donohue . GENERAL TERMS AND COONNDIJIONI Effective November 1, 1967 If services different from those in this agreement are required 1. Donohue will bill the Owner monthly with net payment due 1n t�.. (l Ol/�-.da/yls, mills will detail hours And other fees charged by standard job classifications. Client requests for copies of original source documents wilt be billed as additional of Donohue as a result of subsequent investigations, changes in services at the r e s in effect at the time of the request. Any sales n e taxes imposed upon provision of professions: regulatory agency requirements of interpretations, or upon the services under this agreement and in effect onthe date of the bill will be added to m the invoice amount u and billed , At, ry direction of the City, Donohue and the City agree to renegotiate Owner. Past due balances shall be subject to a service t charge a a rate of 1.osper month. In addition. AAV. after giving seven (7) days written notice. suspend service under any agreement until the Owner ha, ;.aid in full w., this agreement. The additional services and compensation shall amounts due to services rendered and expenses Incurred, including a service charge on past due invoices be negotiated, and Donohue shall not proceed with the additional 2. The stated fees and stope of services constitute our best estimate of the fees and tasks required to perform the services services until approved by the City and the appropriate s defined. This agreement, upon execution by both parties hereto, can be amended only by written instrument signed by regulatory agency, if required. both parties. For those projects involving conceptual or process development services, activities often cannot be fully defined during initial planing. As the project progresses, facts uncove red may r eal a change in direction which me GENERAL TERMS AND CONDITIONS alter the scope. Donohue will prmnpcly Inform the Owner In writing of such situations so that changes in this aerre,nent /►' g Sc.1 N11 xs can be renegotiated as required. ARC/111,1S All services will be performed in accordance with Donohue's 1. Costs and schedule commitments shall be subject to renegotiation for delays caused by the Owner's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, 'I,"General Terms and Conditions" dated November 1, 198 which are t 11N11,lS t fires, floods. riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials o [- attached and incorporated by reference. or , process shutdowns, acts of God the public enemy, regulations of any governmental agency. Temporary delays of services caused by any of the above which results in additional costs beyond those outlined may require renego- AUTHORIZATION AND TIMING ctaclon of this agreement. • 4. Donohue will maintain insurance < rage for: Worker's Compensation. Genoral Liability, Automobile Liability, Aviation, We estimate that the services delineated in the scope of services and Professional Liability. Donohue will provide specific llmles upon request. If the Owner requires coverlyes or Limits in addition co those in effect as of the dace of the agreement, premiums for additional insurance sh,li to. paid by .,, . Items A and B can be completed within eight (8) weeks from the Owner. date of authorization to proceed. Actual completion time is dependent on the timeliness in which information will be provided b. Donohue and the Owner agree that the overall liability for the actual, alleged, or threatened discharge, dispersal, release, o escapement of pollucents, and the responsibility for the ownership and maintenance of any toxic, hazardous, o by the City. asbestos materials relating to the project, remain with the Owner. Donohue and the Owner acknowledge that Donohue's pro- fessional liability policy does not apply to claims arising out of the actual, alleged, or threatened discharge, disper- The receipt of a signed proposal or the issuance of a purchase sal, release, or escapement of pollutants. Therefore, the Owner agrees not to bring a claim against Donohue relating to the uninsured liability referenced above. Furthermore, the Owner agrees to indemnify and hold harmless Donohue for claims order referencing the scope of services will be considered as against Donohue by a third party for the uninsured liability referenced above. Donohue agrees to perform the services to authorization to proceed. We are prepared to start the project the normal accepted standard of care, and to assume the liability resulting from a finding of gross negligence. upon receipt of authorization to proceed. 6. When Donohue, subsequent to execution of an agreement, finds that specialised equipment must be purchased to provide special services outside the scope of services, the c of such equipment and/or special services will not be added to We appreciate the opportunity to submit this proposed agreement the agreed fees until the Owner has been notified and agrees. and look forward to working with the City on this project. 7. The Owner agrees to provide such Legal, accounting, and insurance counseling services as may be required for the project. Very truly yours, Accepted by, 8. Termination of this agreament by the Owner or Donohue shall be effective upon seven (7) days' written notice to the other party. The written notice shall include the reasons and details for termination. Donohue will prepare a final invoice shoving.11 ehen.e incurred through the dace eof trminecton: payment is due as stated in paragraph 1. If the Omer DONOHUE 6 ASSOCIATES, INC. CITY OF ELGIN, ILLINOIS Violates any of the agreements entered into between Donohue and the Owner or if the Owner fails to carry out any of the ' duties contained in these terms and conditions, Donohue may, upon s a en (7) days' written notice, s uspend services without further obligation or liability to the Owner unless, within such seven (7) day period. the Owner remedies such violation /Q to the reasonable satisfaction of Donohue. Donald C. Zimmer, P.E. 9. in of any documents pertaining to this project by the Owner on extensions of this project or on any ocher project shall be at the Owner's risk. The Omer agrees to defend, indemnify, and hold harmless Donohue from all claims, damages, and ce Pres'd nt expenses including attorney's fees *rising out of such reuse of the documents by the Owner or by others acting through the Owner. 10. Donohue will provide all services in accordance with generally accepted professional practices. Donohue will not provide ' •na arroll, P.E. or offer to provide services inconsistent with or contrary t r such practices nor make any warranty or guarantee, expressed Pro eCt Manager or implied, nor to have any agreement oract for services subject tothe provisions of any uniform commercial code. Date Similarly, Donohue will not accept those terms and conditions offered by the Omer Ln its purchase order, requisition, or notice of authorization to proceed, except a set forth herein or expressly accepted in writing. Written acknowledgement of receipt, or the actual performance of services subsequent re ceipt of such purchase order, requisition, or notice of DCZ/DLC:dlc authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those • sec forth herein. T/L/CN6 11. Donohue Intends to e s the Owner's professional representative for those services as defined in this agreement and to provide advice and consultation to the Owner as a professional. Any opinions of probable project costs. approvals. and other decisions made by Donohue for the Owner are rendered on the basis of experience and qualifications and represent our professional judgment. Mr. Mel Dahl 12. This agreement shall not be construed as giving Donohue the responsibility orauthority to direct orr supervise construc- tion - tion means, methods, techniques sequence, s or procedure of construction selected by contractors or subcontractors or the March 23, 1990 safety precautions and programs incident to the work of the contractors or subcontractors. Page 5 13. Donohue is an affirmative notion employer and operates under Executive Order 11246. RESOLUTION ACCEPTING THE PROPOSAL OF DONOHUE & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR AN INTERCEPTOR SEWER MASTER PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Donohue & Associates, Inc. for engineering services for an interceptor sewer master plan, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: March 28, I990 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk March 23, 1990 City of Elgin 150 Dexter Court Elgin, IL 60120 Attn: Mr. Mel Dahl Director of Public Works l/tMhue ENGINEERS ARCHITECTS Re: Proposal for Engineering Services for an SCIENTISTS Interceptor Sewer Master Plan Dear Mr. Dahl: We are pleased to submit this proposal for engineering services to complete the Interceptor Sewer Master Plan study as you requested at the meeting with the Sanitary District of Elgin and Donohue & Associates, Inc. on March 1, 1990. We understand this master plan will be a supplement to the existing Interceptor Master Plan completed by Donohue for the Sanitary District of Elgin dated April, 1989. The supplemental master plan is intended to define and analyze the expanded service area and recommend interceptor sewer improvements to serve the general area west of Randall Road to Route 47 with limits on the north of Binnie Road and on the south of lopps, Bowes/Plato Road. We understand the exact limits of the study in this area will be determined by natural topographic and geographic features so that the City can maximize the amount of area served by gravity sewer. In preparation of this master plan supplement we will use data from the existing Interceptor Master Plan prepared for the Sanitary District of Elgin and data supplied by City staff. We will analyze and present this data with the same methods as used in the District's Master Plan. It is essential that this work be expedited in order to avoid delays in interceptor sewer projects already under way in the west Elgin service area. In the master plan we will provide approximate location and size of all future interceptors to serve the defined study area. Route studies will be completed on interceptors as defined in the scope of services. The report will also give the City estimated construction costs for the proposed interceptor improvements. • 1501 144Kx1 field Rood Sulk,200 Fist Sncauimbuq, 111inus 6017? 708.605.88(K) 7He il.i 708.605.8914 Detailed construction costs will be provided for those inter- ceptors in which route studies were completed. It is our under- standing that the report should provide the City with a basis to respond to inquiries from tributary communities and potential land developers regarding the possibilities of sanitary sewer service to unsewered areas within the study limits of this report. SCOPE OF SERVICES • s ENGINEERS Item A. Master Plan ARCHITECTS SCIENTISTS 1. Meet with the City's Engineering and Planning Departments to establish study area limits and define land use of study area, generally described as Randall Road west to Route 47 from Binnie Road on the north to Hopps, Bowes/Plato Roads on the south. Service areas, land use, population densities and infiltration/inflow for areas east of Randall Road will be taken from the existing Sanitary District Interceptor Master Plan. 2. Divide the study area into service areas based on logical topographic limits for analysis that will service the greatest amount of area by gravity and minimize the use of pumping stations. 3. Determine the ultimate full development peak wastewater flow for each service area based on land use information provided by the City. Population densities and the methods of calcu- lation in the existing Interceptor Master Plan dated April, 1989 will be used to calculate wastewater flows. 4. Determine sizing and general routing for proposed intercep- tors, and force main improvements. Determine hydraulic load only on proposed pump stations. Routing will be presented on a general location map. 5. Review sizing of interceptor improvements recommended in the Sanitary District Interceptor Master Plan, for interceptors west of the Fox River to include flows from west of Randall Road. 6.a. Prepare a letter report as soon as information is available to finalize sizing of the Tyler Creek/Sleepy Hollow Interceptor currently under design by Donohue. This letter report will be submitted in advance of the full master plan report in order to expedite construction coordination with the Big Timber Road reconstruction project. The sizing of Mr. Mel Dahl March 23, 1990 Page 2 • this line will also require a preliminary decision on rout- ing of the North Branch Tyler Creek Interceptor. Therefore, this letter report will evaluate routing alternatives. b. Prepare a master plan report that will serve as a supplement to the existing Sanitary District Interceptor Master Plan. The report will include a discussion of methods of analysis, sources of information, and recommend interceptor improve- ments. Preliminary construction cost estimates will be II ENGINEERS provided for each recommended improvement. ARCHITECTS 7. Submit the preliminary report to the City and Sanitary SCIENTISTS District for review and comment. Meet with both parties to discuss the comments and incorporate comments in the final report. 8. Submit ten (10) copies of the final report to the City. The final report will be a comb bound document. All exhibits will be either 8f x 11 or 11 x 17 black and white documents bound in the report. Item B. Route Studies This item includes a route study for recommended improvements except the South Branch Tyler Creek Interceptor and Bowes Road Interceptor that have route studies under contract by the Sanitary District of Elgin. At this time, our scope of services includes a route study for the North Branch of the Tyler Creek and an extension north to the Tollway near Randall Road. 1. Based on existing aerial photographic maps, other record utility information, field confirmation, and City's input, develop a maximum of three (3) alternative routes. Field confirmation will consist of performing survey work to determine elevation differentials and identify significant high and low points defined during route analysis. 2. Identify owners of private property to be impacted by the recommended interceptor route. Preparation of easement documents and negotiations will be the responsibility of the City. 3. Prepare a route study report as part of the master plan report that presents route alternatives with detailed con- struction cost estimates and a recommended route for the City's review and approval. The route study will discuss construction concerns, conflicts, identify other affected Mr. Mel Dahl March 23, 1990 Page 3 • agencies, easement requirements and other pertinent issues of each route. Environmental analysis is limited to a review of record information concerning floodways and wetlands. 4. Meet with the City to discuss alternatives and recommended route and obtain comments. Incorporate comments into report. 111 ENGINEERS 5. Submit ten (10) copies of final report as a part of the master plan report. ARCHITECTS SCIENTISTS RESPONSIBILITIES OF THE CITY OF ELGIN The scope of services and compensation are based on the under- standing that the City will provide the following at no cost to Donohue: 1. A person authorized to act as the City's representative to accept completed work and to provide appropriate liaisons with City Departments and other agencies or communities. 2. Land use data to be used in analysis of the study area, and all other information pertinent to the work. It is impor- tant that all information be provided in a timely manner to avoid delays in active projects. 3. Assistance in obtaining access to private property as neces- sary for the work. 4. Contact with any other unit of government or participating communities to be served by the interceptors in the report. COMPENSATION Donohue proposes to be compensated on a per diem basis for the actual number of hours expended for the project in accordance with standard hourly chargeout rates of Donohue in effect at the time the services are performed. In addition, all direct expenses incidental to the work, such as mileage, reproduction, and meals, shall be paid to Donohue. The billing will summarize the charges incurred. Compensation for engineering services as provided in the scope of services are as follows: Item A - $28,000.00 not to exceed. Item B - $16,000.00 not to exceed. Mr. Mel Dahl March 23, 1990 Page 4 If services different from those in this agreement are required of Donohue as a result of subsequent investigations, changes in regulatory agency requirements of interpretations, or upon the direction of the City, Donohue and the City agree to renegotiate this agreement. The additional services and compensation shall be negotiated, and Donohue shall not proceed with the additional services until approved by the City and the appropriate regulatory agency, if required. • • ENGINEERS GENERAL TERMS AND CONDITIONS ARCHITECTS All services will be performed in accordance with Donohue's SCIENTISTS "General Terms and Conditions" dated November 1, 1987, which are attached and incorporated by reference. AUTHORIZATION AND TIMING We estimate that the services delineated in the scope of services Items A and B can be completed within eight (8) weeks from the date of authorization to proceed. Actual completion time is dependent on the timeliness in which information will be provided by the City. The receipt of a signed proposal or the issuance of a purchase order referencing the scope of services will be considered as authorization to proceed. We are prepared to start the project upon receipt of authorization to proceed. We appreciate the opportunity to submit this proposed agreement and look forward to working with the City on this project. Very truly yours, Accepted by, F DONOHUE S. ASSOCIATES, INC. CITY OF ELGIN, ILLINOIS _..-Dal-edi C ic------- .'62- Donald C. Zimmer, P.E. ce Pres'd nt r.na arroll, P.E. Pro ect Manager Date DCZ/DLC:dlc T/L/CN6 Mr. Mel Dahl March 23, 1990 Page 5 • . . Donohue GENERAL TERMS AND CONDITION$ Effective November 1, 1987 Ir l/3�/1 1. Donohue will bill the Owner monthly with net payment due in ._.,10) days. Bills will detail hours and other fees charged by standard job classifications. Client requests for copies of original source documents will be billed as additional services at the rates in effect at the time of the request. Any sales or use taxes imposed upon provision of professional services under this agreement and in effect on the date of the bill will be added to the invoice amount and billed to the Owner. Past due balances shall be subject to a service charge at a rate of 1.0% per month. In addition, Donohue may, after giving seven (7) days written notice, suspend service under any agreement until the Owner has paid in full all amounts due to services rendered and expenses incurred, including a service charge on past due invoices. 2. The stated fees and scope of services constitute our best estimate of the fees and tasks required to perform the services as defined. This agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development services, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. Donohue will promptly inform the Owner in writing of such situations so that changes in this agreement can be renegotiated as required. 3. Costs and schedule commitments shall be subject to renegotiation for delays caused by the Owner's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or ser- vices, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Temporary delays of services caused by any of the above which results in additional costs beyond those outlined may require renego- tiation of this agreement. 4. Donohue will maintain insurance coverage for: Worker's Compensation, General Liability, Automobile Liability, Aviation, and Professional Liability. Donohue will provide specific limits upon request. If the Owner requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the Owner. 5. Donohue and the Owner agree that the overall liability for the actual, alleged, or threatened discharge, dispersal, release, or escapement of pollutants, and the responsibility for the ownership and maintenance of any toxic, hazardous, or asbestos materials relating to the project, remain with the Owner. Donohue and the Owner acknowledge that Donohue's pro- fessional liability policy does not apply to claims arising out of the actual, alleged, or threatened discharge, disper- sal, release, or escapement of pollutants. Therefore, the Owner agrees not to bring a claim against Donohue relating to the uninsured liability referenced above. Furthermore, the Owner agrees to indemnify and hold harmless Donohue for claims against Donohue by a third party for the uninsured liability referenced above. Donohue agrees to perform the services to the normal accepted standard of care, and to assume the liability resulting from a finding of gross negligence. 6. When Donohue, subsequent to execution of an agreement, finds that specialized equipment must be purchased to provide special services outside the scope of services, the cost of such equipment and/or special services will not be added to the agreed fees until the Owner has been notified and agrees. 7. The Owner agrees to provide such legal, accounting, and insurance counseling services as may be required for the project. . 8. Termination of this agreement by the Owner or Donohue shall be effective upon seven (7) days' written notice to the other F party. The written notice shall include the reasons and details for termination. Donohue will prepare a final invoice showing all charges incurred through the date of termination; payment is due as stated in paragraph 1. If the Owner violates any of the agreements entered into between Donohue and the Owner or if the Owner fails to carry out any of the ' duties contained in these terms and conditions, Donohue may, upon seven (7) days' written notice, suspend services without further obligation or liability to the Owner unless, within such seven (7) day period, the Owner remedies such violation to the reasonable satisfaction of Donohue. 9. Reuse of any documents pertaining to this project by the Owner on extensions of this project or on any other project shall be at the Owner's risk. The Owner agrees to defend, indemnify, and hold harmless Donohue from all claims, damages, and expenses including attorney's fees arising out of such reuse of the documents by the Owner or by others acting through the Owner. 10. Donohue will provide all services in accordance with generally accepted professional practices. Donohue will not provide or offer to provide services inconsistent with or contrary to such practices nor make any warranty or guarantee, expressed or implied, nor to have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, Donohue will not accept those terms and conditions offered by the Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly accepted in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 11. Donohue intends to serve as the Owner's professional representative for those services as defined in this agreement and to provide advice and consultation to the Owner as a professional. Any opinions of probable project costs, approvals, and other decisions made by Donohue for the Owner are rendered on the basis of experience and qualifications and represent our professional judgment. 12. This agreement shall not be construed as giving Donohue the responsibility or authority to direct or supervise construc- tion means, methods, techniques, sequence, or procedures of construction selected by contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors 13. Donohue is an affirmative action employer and operates under Executive Order 11246. March 23, 1990 City of Elgin 150 Dexter Court Elgin, IL 60120 Attn: Mr. Mel Dahl � pp Director of Public Works ono hue ENGINEERS ARCHITECTS Re: Proposal for Engineering Services for an SCIENTISTS Interceptor Sewer Master Plan Dear Mr. Dahl: We are pleased to submit this proposal for engineering services to complete the Interceptor Sewer Master Plan study as you requested at the meeting with the Sanitary District of Elgin and Donohue & Associates, Inc. on March 1, 1990. We understand this master plan will be a supplement to the existing Interceptor Master Plan completed by Donohue for the Sanitary District of Elgin dated April, 1989. The supplemental master plan is intended to define and analyze the expanded service area and recommend interceptor sewer improvements to serve the general area west of Randall Road to Route 47 with limits on the north of Binnie Road and on the south of Hopps, Bowes/Plato Road. We understand the exact limits of the study in this area will be determined by natural topographic and geographic features so that the City can maximize the amount of area served by gravity sewer. In preparation of this master plan supplement we will use data from the existing Interceptor Master Plan prepared for the Sanitary District of Elgin and data supplied by City staff. We will analyze and present this data with the same methods as used in the District's Master Plan. It is essential that this work be expedited in order to avoid delays in interceptor sewer projects already under way in the west Elgin service area. In the master plan we will provide approximate location and size of all future interceptors to serve the defined study area. Route studies will be completed on interceptors as defined in the scope of services. The report will also give the City estimated construction costs for the proposed interceptor improvements. • 1501 Woodfield Road Suite 200 East Schaumburg,Illinois 60173 708.605.8800 Telefax 708.605.8914 Detailed construction costs will be provided for those inter- ceptors in which route studies were completed. It is our under- standing that the report should provide the City with a basis to respond to inquiries from tributary communities and potential land developers regarding the possibilities of sanitary sewer service to unsewered areas within the study limits of this report. SCOPE OF SERVICES 'onohue ENGINEERS Item A. Master Plan ARCHITECTS SCIENTISTS 1. Meet with the City's Engineering and Planning Departments to establish study area limits and define land use of study area, generally described as Randall Road west to Route 47 from Binnie Road on the north to Hopps, Bowes/Plato Roads on the south. Service areas, land use, population densities and infiltration/inflow for areas east of Randall Road will be taken from the existing Sanitary District Interceptor Master Plan. 2. Divide the study area into service areas based on logical topographic limits for analysis that will service the greatest amount of area by gravity and minimize the use of pumping stations. 3. Determine the ultimate full development peak wastewater flow for each service area based on land use information provided by the City. Population densities and the methods of calcu- lation in the existing Interceptor Master Plan dated April, 1989 will be used to calculate wastewater flows. 4. Determine sizing and general routing for proposed intercep- tors, and force main improvements. Determine hydraulic load only on proposed pump stations. Routing will be presented on a general location map. 5. Review sizing of interceptor improvements recommended in the Sanitary District Interceptor Master Plan, for interceptors west of the Fox River to include flows from west of Randall Road. 6.a. Prepare a letter report as soon as information is available to finalize sizing of the Tyler Creek/Sleepy Hollow Interceptor currently under design by Donohue. This letter report will be submitted in advance of the full master plan report in order to expedite construction coordination with the Big Timber Road reconstruction project. The sizing of Mr. Mel Dahl March 23, 1990 Page 2 this line will also require a preliminary decision on rout- ing of the North Branch Tyler Creek Interceptor. Therefore, this letter report will evaluate routing alternatives. b. Prepare a master plan report that will serve as a supplement to the existing Sanitary District Interceptor Master Plan. The report will include a discussion of methods of analysis, sources of information, and recommend interceptor improve- ments. Preliminary construction cost estimates will be Donohue ENGINEERS provided for each recommended improvement. ARCHITECTS 7. Submit the preliminary report to the City and Sanitary SCIENTISTS District for review and comment. Meet with both parties to discuss the comments and incorporate comments in the final report. 8. Submit ten (10) copies of the final report to the City. The final report will be a comb bound document. All exhibits will be either 8f x 11 or 11 x 17 black and white documents bound in the report. Item B. Route Studies This item includes a route study for recommended improvements except the South Branch Tyler Creek Interceptor and Bowes Road Interceptor that have route studies under contract by the Sanitary District of Elgin. At this time, our scope of services includes a route study for the North Branch of the Tyler Creek and an extension north to the Tollway near Randall Road. 1. Based on existing aerial photographic maps, other record utility information, field confirmation, and City's input, develop a maximum of three (3) alternative routes. Field confirmation will consist of performing survey work to determine elevation differentials and identify significant high and low points defined during route analysis. 2. Identify owners of private property to be impacted by the recommended interceptor route. Preparation of easement documents and negotiations will be the responsibility of the City. 3. Prepare a route study report as part of the master plan report that presents route alternatives with detailed con- struction cost estimates and a recommended route for the City's review and approval. The route study will discuss construction concerns, conflicts, identify other affected Mr. Mel Dahl March 23, 1990 Page 3 agencies, easement requirements and other pertinent issues of each route. Environmental analysis is limited to a review of record information concerning floodways and wetlands. 4. Meet with the City to discuss alternatives and recommended route and obtain comments. Incorporate comments into report. onohue ENGINEERS 5. Submit ten (10) copies of final report as a part of the master plan report. ARCHITECTS SCIENTISTS RESPONSIBILITIES OF THE CITY OF ELGIN The scope of services and compensation are based on the under- standing that the City will provide the following at no cost to Donohue: 1. A person authorized to act as the City's representative to accept completed work and to provide appropriate liaisons with City Departments and other agencies or communities. 2. Land use data to be used in analysis of the study area, and all other information pertinent to the work. It is impor- tant that all information be provided in a timely manner to avoid delays in active projects. 3. Assistance in obtaining access to private property as neces- sary for the work. 4. Contact with any other unit of government or participating communities to be served by the interceptors in the report. COMPENSATION Donohue proposes to be compensated on a per diem basis for the actual number of hours expended for the project in accordance with standard hourly chargeout rates of Donohue in effect at the time the services are performed. In addition, all direct expenses incidental to the work, such as mileage, reproduction, and meals, shall be paid to Donohue. The billing will summarize the charges incurred. Compensation for engineering services as provided in the scope of services are as follows: Item A - $28,000.00 not to exceed. Item B - $16,000.00 not to exceed. Mr. Mel Dahl March 23, 1990 Page 4 If services different from those in this agreement are required of Donohue as a result of subsequent investigations, changes in regulatory agency requirements of interpretations, or upon the direction of the City, Donohue and the City agree to renegotiate this agreement. The additional services and compensation shall be negotiated, and Donohue shall not proceed with the additional services until approved by the City and the appropriate regulatory agency, if required. ����p GENERAL TERMS AND CONDITIONS ENGINEERS ARCHITECTS All services will be performed in accordance with Donohue's SCIENTISTS "General Terms and Conditions" dated November 1, 1987, which are attached and incorporated by reference. AUTHORIZATION AND TIMING We estimate that the services delineated in the scope of services Items A and B can be completed within eight (8) weeks from the date of authorization to proceed. Actual completion time is dependent on the timeliness in which information will be provided by the City. The receipt of a signed proposal or the issuance of a purchase order referencing the scope of services will be considered as authorization to proceed. We are prepared to start the project upon receipt of authorization to proceed. We appreciate the opportunity to submit this proposed agreement and look forward to working with the City on this project. Very truly yours, Accepted by, DONOHUE & ASSOCIATES, INC. CITY OF ELGIN, ILLINOIS ,;(714-ediC ------- -41Z- i_ I (;„s ( Donald C. Zimmer, P.E. CV ce Pres'd nt na arroll, P.E. f Pro ect Manager ) 3o ! Cf ' Date DCZ/DLC:dlc T/L/CN6 Mr. Mel Dahl March 23, 1990 Page 5 • Donohue GENERAL TERMS AND CONDITION, Effective November 1, 1987 1. Donohue will bill the Owner monthly with net payment due in ) days. Bills will detail hours and other fees charged by standard job classifications. Client requests for copies of original source documents will be billed as additional services at the rates in effect at the time of the request. Any sales or use taxes imposed upon provision of professional services under this agreement and in effect on the date of the bill will be added to the invoice amount and billed to the Owner. Past due balances shall be subject to a service charge at a rate of 1.0% per month. In addition, Donohue may, after giving seven (7) days written notice, suspend service under any agreement until the Owner has paid in full all amounts due to services rendered and expenses incurred, including a service charge on past due invoices. 2. The stated fees and scope of services constitute our best estimate of the fees and tasks required to perform the services as defined. This agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development services, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. Donohue will promptly inform the Owner in writing of such situations so that changes in this agreement can be renegotiated as required. 3. Costs and schedule commitments shall be subject to renegotiation for delays caused by the Owner's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or ser- vices, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Temporary delays of services caused by any of the above which results in additional costs beyond those outlined may require renego- tiation of this agreement. 4. Donohue will maintain insurance coverage for: Worker's Compensation, General Liability, Automobile Liability, Aviation, and Professional Liability. Donohue will provide specific limits upon request. If the Owner requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the Owner. 5. Donohue and the Owner agree that the overall liability for the actual, alleged, or threatened discharge, dispersal, release, or escapement of pollutants, and the responsibility for the ownership and maintenance of any toxic, hazardous, or asbestos materials relating to the project, remain with the Owner. Donohue and the Owner acknowledge that Donohue's pro- fessional liability policy does not apply to claims arising out of the actual, alleged, or threatened discharge, disper- sal, release, or escapement of pollutants. Therefore, the Owner agrees not to bring a claim against Donohue relating to the uninsured liability referenced above. Furthermore, the Owner agrees to indemnify and hold harmless Donohue for claims against Donohue by a third party for the uninsured liability referenced above. Donohue agrees to perform the services to the normal accepted standard of care, and to assume the liability resulting from a finding of gross negligence. 6. When Donohue, subsequent to execution of an agreement, finds that specialized equipment must be purchased to provide special services outside the scope of services, the cost of such equipment and/or special services will not be added to the agreed fees until the Owner has been notified and agrees. 7. The Owner agrees to provide such legal, accounting, and insurance counseling services as may be required for the project. 8. Termination of this agreement by the Owner or Donohue shall be effective upon seven (7) days' written notice to the other party. The written notice shall include the reasons and details for termination. Donohue will prepare a final invoice showing all charges incurred through the date of termination; payment is due as stated in paragraph 1. If the Owner violates any of the agreements entered into between Donohue and the Owner or if the Owner fails to carry out any of the duties contained in these terms and conditions, Donohue may, upon seven (7) days' written notice, suspend services without further obligation or liability to the Owner unless, within such seven (7) day period, the Owner remedies such violation to the reasonable satisfaction of Donohue. 9. Reuse of any documents pertaining to this project by the Owner on extensions of this project or on any other project shall be at the Owner's risk. The Owner agrees to defend, indemnify, and hold harmless Donohue from all claims, damages, and expenses including attorney's fees arising out of such reuse of the documents by the Owner or by others acting through the Owner. 10. Donohue will provide all services in accordance with generally accepted professional practices. Donohue will not provide or offer to provide services inconsistent with or contrary to such practices nor make any warranty or guarantee, expressed or implied, nor to have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, Donohue will not accept those terms and conditions offered by the Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly accepted in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 11. Donohue intends to serve as the Owner's professional representative for those services as defined in this agreement and to provide advice and consultation to the Owner as a professional. Any opinions of probable project costs, approvals, and other decisions made by Donohue for the Owner are rendered on the basis of experience and qualifications and represent our professional judgment. 12. This agreement shall not be construed as giving Donohue the responsibility or authority to direct or supervise construc- tion means, methods, techniques, sequence, or procedures of construction selected by contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 13. Donohue is an affirmative action employer and operates under Executive Order 11246.